H.R. 1065House109th Congress (2005-2007)Failed

United States Boxing Commission Act

Introduced March 2, 2005

Legislative Activity

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31 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

November 16, 2005 • 5:25 PM

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HouseIntro Referral

Introduced in House

March 2, 2005

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 2, 2005

HouseCommittee

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

March 14, 2005

HouseCommittee

Referred to the Subcommittee on Workforce Protections.

March 24, 2005

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

May 25, 2005

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

May 25, 2005

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 29, 2005

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 16.

June 29, 2005

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-209, Part I.

July 28, 2005

HouseIntro Referral

Referred sequentially to the House Committee on the Judiciary for a period ending not later than Sept. 30, 2005 for consideration of such provisions of the bill and the amendment as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.

July 28, 2005

HouseIntro Referral

House Committee on Education and the Workforce Granted an extension for further consideration ending not later than Sept. 30, 2005.

July 28, 2005

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 29, 2005

HouseCommittee

Ordered to be Reported Without Recommendation (Amended) by Voice Vote.

September 29, 2005

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 109-209, Part II.

September 30, 2005

HouseCommittee

Committee on Education and the Workforce discharged.

September 30, 2005

HouseCalendars

Placed on the Union Calendar, Calendar No. 134.

September 30, 2005

HouseFloor

Rules Committee Resolution H. Res. 553 Reported to House. Rule provides for consideration of H.R. 1065 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

November 15, 2005 • 6:43 PM

HouseFloor

Rule H. Res. 553 passed House.

November 16, 2005 • 3:16 PM

HouseFloor

Considered under the provisions of rule H. Res. 553. (consideration: CR H10345-10356; text of measure as reported in House: CR H10350-10353)

November 16, 2005 • 3:55 PM

HouseFloor

Rule provides for consideration of H.R. 1065 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

November 16, 2005 • 3:55 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 553 and Rule XVIII.

November 16, 2005 • 3:56 PM

HouseFloor

The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.

November 16, 2005 • 3:57 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1065.

November 16, 2005 • 3:57 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 553, the Committee of the Whole proceeded with 10 minutes of debate on the Stearns amendment.

November 16, 2005 • 4:39 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 553, the Committee of the Whole proceeded with 10 minutes of debate on the Schakowsky amendment.

November 16, 2005 • 4:42 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 553, the Committee of the Whole proceeded with 10 minutes of debate on the Sodrel amendment, as modified.

November 16, 2005 • 4:50 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1065.

November 16, 2005 • 4:54 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H10355)

November 16, 2005 • 4:55 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

November 16, 2005 • 4:55 PM

HouseFloor

Failed of passage/not agreed to in House: On passage Failed by the Yeas and Nays: 190 - 233 (Roll no. 592).

November 16, 2005 • 5:25 PM

HouseFloor

On passage Failed by the Yeas and Nays: 190 - 233 (Roll no. 592).

November 16, 2005 • 5:25 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 16, 2005 • 5:25 PM

Floor Debate

15 members

What members said about H.R. 1065 on the floor

11 Republicans4 Democrats
Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Nov 16, 2005

Mr. Chairman, I yield myself as much time as I may consume. I rise in strong support of H.R. 1065, the U.S. Boxing Commission Act, which would establish a national regulatory body for the sport that…

Cliff Stearns
Rep. Cliff StearnsR-FL-6 · Nov 16, 2005

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today to express my strong support for H.R. 1065, the United States Boxing Commission Act. This bill will establish for…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Nov 16, 2005

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 553 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Nov 16, 2005

Mr. Speaker, I thank the gentleman from Florida (Mr. Lincoln Diaz-Balart), my good friend, for yielding me the customary 30 minutes; and I yield myself such time as I may consume. (Mr. HASTINGS of…

Charles W. "Chip" Pickering
Rep. Charles W. "Chip" PickeringR-MS-3 · Nov 16, 2005

Mr. Chairman, some might not know this, but my State of Mississippi has a great history of boxing. Archie Moore, from Benoit, Mississippi, participated in professional boxing for over 27 years,…

Show 8 more
Roy Blunt
Rep. Roy BluntR-MO-7 · Nov 10, 2005

Mr. Speaker, I thank my friend from Maryland for yielding and would say that the House will convene on Tuesday at 10:30 p.m. for morning hour and 12 noon for legislative business. We will consider…

Tom Osborne
Rep. Tom OsborneR-NE-3 · Nov 16, 2005

Mr. Chairman, I thank Chairman Stearns for yielding me this time. Mr. Chairman, I speak in support of H.R. 1065, the United States Boxing Commission Act. When we think about boxing, we often think…

F. James Sensenbrenner, Jr.
Rep. F. James Sensenbrenner, Jr.R-WI-5 · Nov 16, 2005

Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I rise in opposition to H.R. 1065, the United States Boxing Commission Act. This is a big government bill that creates a new…

Neil Abercrombie
Rep. Neil AbercrombieD-HI-1 · Nov 16, 2005

Mr. Chairman, this legislation may seem a bit esoteric to some not only in Congress here but in the public at large. But this issue, and I want to commend you and the ranking member for bringing it…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Nov 10, 2005

Mr. Speaker, I yield to my friend from Missouri (Mr. Blunt), the acting majority leader, for the purposes of informing us of the schedule for the week to come. Mr. Speaker, I thank the gentleman for…

Lee Terry
Rep. Lee TerryR-NE-2 · Nov 16, 2005

Mr. Chairman, I thank the gentleman from Wisconsin for yielding me this time. I rise in opposition to this bill, and I first want to say that the gentleman from Florida is my chairman. I am a part of…

Michael E. Sodrel
Rep. Michael E. SodrelR-IN-9 · Nov 16, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I ask unanimous consent that the amendment be modified by the modification at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr.…

David Dreier
Rep. David DreierR-CA-26 · Nov 10, 2005

Mr. Speaker, the Rules Committee may meet next week to grant a rule which could limit the amendment process for floor consideration of H.R. 1065, the United States Boxing Commission Act. Any Member…

Show 2 more
Mike Ferguson
Rep. Mike FergusonR-NJ-7 · Nov 16, 2005

Mr. Speaker, if I were present earlier today, I would have voted in favor of H.R. 1790, the Child Medication Safety Act of 2005, H. Res. 547, Expressing the Sense of the House of Representatives that…

Ron Paul
Rep. Ron PaulR-TX-14 · Nov 16, 2005

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1065.

Bill Text

2 versions available

Reading Mode
Latest
Reported in HouseIssued September 30, 2005

IB

Union Calendar No. 134

109th CONGRESS

1st Session

H. R. 1065

[Report No. 109–209, Parts I and II]

IN THE HOUSE OF REPRESENTATIVES

March 2, 2005

Mr. Stearns (for himself, Ms. Schakowsky, and Mr. Brown of Ohio) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

July 28, 2005

Reported from the Committee on Energy and Commerce with an amendment

Strike out all after the enacting clause and insert the part printed in italic

July 28, 2005

Referral to the Committee on Education and the Workforce extended for a period ending not later than September 30, 2005

July 28, 2005

Referred to the Committee on the Judiciary, for a period ending not later than September 30, 2005 for consideration of such provisions of the bill and the amendment as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X

September 30, 2005

Reported from the Committee on the Judiciary with an amendment

Strike out all after the enacting clause and insert the part printed in boldface roman

September 30, 2005

Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on March 2, 2005

A BILL

To establish the United States Boxing Commission to protect the general welfare of boxers and to ensure fairness in the sport of professional boxing.

1.

Short Title

This Act may be cited as the United States Boxing Commission Act.

2.

Definitions

As used in this Act, the following definitions apply:

(1)

Commission

The term Commission means the United States Boxing Commission established under section 3.

(2)

Boxer

The term boxer means an individual who fights in a professional boxing match.

(3)

Boxing commission

The term boxing commission means an entity authorized under State or tribal law to regulate professional boxing matches.

(4)

Indian lands

The term Indian lands has the meanings given that terms by paragraphs (4) of section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703).

(5)

Judge

The term judge means an official who scores a boxing match to determine the winner.

(6)

Manager

The term manager means a person other than a promoter who, under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a boxing-related matter on behalf of that boxer, including a person who is a booking agent for a boxer.

(7)

Matchmaker

The term matchmaker means a person that proposes, selects, and arranges for boxers to participate in a professional boxing match. Such term does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match, or a provider of cable, satellite, or network television programming, unless—

(A)

the hotel, casino, resort, or other commercial establishment, or provider of cable, satellite, or network television programming is primarily responsible for proposing, selecting, and arranging for boxers to participate in the professional boxing match; and

(B)

there is no other person primarily responsible for proposing, selecting, and arranging for boxers to participate in the match.

(8)

Referee

The term referee means the official inside the boxing ring who supervises the boxing match.

(9)

Professional boxing match

The term professional boxing match means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by a duly recognized amateur sports organization, as approved by the Commission.

(10)

Promoter

The term promoter—

(A)

means the person primarily responsible for organizing, promoting, and producing a professional boxing match; but

(B)

does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match, or a provider of cable, satellite, or network television programming, unless—

(i)

the hotel, casino, resort, or other commercial establishment, or provider of cable, satellite, or network television programming is primarily responsible for organizing, promoting, and producing the match; and

(ii)

there is no other person primarily responsible for organizing, promoting, and producing the match.

(11)

State

The term State means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands.

(12)

Sanctioning organization

The term sanctioning organization means an organization, other than a boxing commission, that sanctions professional boxing matches, ranks professional boxers, or charges a sanctioning fee for professional boxing matches in the United States—

(A)

between boxers who are residents of different States; or

(B)

that are advertised, otherwise promoted, or broadcast (including closed circuit television) in interstate commerce.

(13)

Suspension

The term suspension includes within its meaning the temporary revocation of a boxing license.

(14)

Tribal organization

The term tribal organization has the same meaning as in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

3.

Establishment of United States Boxing Commission

(a)

In general

The United States Boxing Commission is established as a commission within the Department of Commerce.

(b)

Members

(1)

In general

The Commission shall consist of 3 members appointed by the President, by and with the advice and consent of the Senate.

(2)

Qualifications

No member of the Commission may, while serving as a member of the Commission—

(A)

be engaged as a professional boxer, boxing promoter, agent, fight manager, matchmaker, referee, judge, or in any other capacity in the conduct of the business of professional boxing;

(B)

have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match; or

(C)

serve as a member of a boxing commission.

(3)

Bipartisan membership

Not more than 2 members of the Commission may be members of the same political party.

(4)

Geographic balance

Not more than 2 members of the Commission may be residents of the same geographic region of the United States when appointed to the Commission. For purposes of the preceding sentence, the area of the United States east of the Mississippi River is a geographic region, and the area of the United States west of the Mississippi River is a geographic region.

(5)

Terms

(A)

In general

The term of a member of the Commission shall be 3 years. No member of the Commission shall serve more than 2 terms.

(B)

Midterm vacancies

A member of the Commission appointed to fill a vacancy in the Commission occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that unexpired term.

(C)

Continuation pending replacement

A member of the Commission may serve after the expiration of that member’s term until a successor has taken office.

(6)

Removal

A member of the Commission may be removed by the President only for cause.

(c)

Executive Director

(1)

In general

The Commission shall employ an Executive Director to perform the administrative functions of the Commission under this Act, and such other functions and duties of the Commission as the Commission shall specify.

(2)

Discharge of functions

Subject to the authority, direction, and control of the Commission the Executive Director shall carry out the functions and duties of the Commission under this Act.

(d)

General Counsel

The Commission shall employ a General Counsel to provide legal counsel and advice to the Executive Director and the Commission in the performance of its functions under this Act, and to carry out such other functions and duties as the Commission shall specify.

(e)

Staff

The Commission shall employ such additional staff as the Commission considers appropriate to assist the Executive Director and the General Counsel in carrying out the functions and duties of the Commission under this Act.

(f)

Meetings

The Commission shall hold its first meeting no later than 30 days after all members shall have been appointed, and shall meet thereafter not less frequently than once every 60 days.

(g)

Compensation

(1)

Members of Commission

(A)

In general

Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.

(B)

Travel expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(2)

Executive Director and staff

The Commission shall fix the compensation of the Executive Director, the General Counsel, and other personnel of the Commission. The rate of pay for the Executive Director, the General Counsel, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

4.

Functions

(a)

General functions

The general functions of the Commission are—

(1)

to protect the general interests of boxers consistent with the provisions of this Act;

(2)

to ensure uniformity, fairness, and integrity in professional boxing; and

(3)

except as otherwise determined by the Commission, oversee all professional boxing matches in the United States.

(b)

Initial rulemaking

Not later than 180 days after the date on which the Commission shall hold its first meeting, the Commission shall, by rule promulgate uniform standards for professional boxing in consultation with the Association of Boxing Commissions.

(c)

Additional functions

In addition to its general functions under subsection (a), the Commission shall—

(1)

work with the boxing commissions of the several States and tribal organizations to improve the status and standards of professional boxing in the United States;

(2)

ensure, in cooperation with the Attorney General (who shall represent the Commission in any judicial proceeding under this Act), the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government, that Federal and State laws applicable to professional boxing matches in the United States are vigorously, effectively, and fairly enforced;

(3)

review State boxing commission regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this Act;

(4)

if the Commission determines appropriate, publish a newspaper, magazine, or other publication and establish and maintain an Internet website consistent with the provisions of this Act; and

(5)

promulgate rules, regulations, and guidance, and take any other action necessary and proper to accomplish the purposes of, and consistent with, the provisions of this Act.

(d)

Prohibitions

The Commission may not—

(1)

promote boxing events or rank professional boxers; or

(2)

provide technical assistance to, or authorize the use of the name of the Commission by, boxing commissions that do not comply with requirements of the Commission.

5.

Licensing and registration of boxing personnel

(a)

Licensing

(1)

Requirement for license

Beginning 1 year after the date of enactment of this Act, no person may compete in a professional boxing match or serve as a boxing manager, boxing promoter, matchmaker, judge, referee, or sanctioning organization for a professional boxing match except as provided in a license granted to that person under this subsection.

(2)

Application and term

(A)

In general

The Commission shall—

(i)

establish application procedures, forms, and fees for licenses granted under this section;

(ii)

establish and publish appropriate standards for such licenses;

(iii)

issue a license to any person who, as determined by the Commission, meets the standards established by the Commission under this Act; and

(iv)

begin issuing such licenses not later than 270 days after the date on which Commission holds its first meeting.

(B)

Duration

A license issued under this section shall be for a renewable—

(i)

4-year term for a boxer; and

(ii)

2-year term for any other person.

(C)

Procedure

The Commission may issue a license under this paragraph through boxing commissions or in a manner determined by the Commission.

(b)

Licensing fees

(1)

Authority

The Commission may prescribe and charge reasonable fees for the licensing of persons under this Act. The Commission may set, charge, and adjust varying fees on the basis of classifications of persons, functions, and events determined appropriate by the Commission.

(2)

Limitations

In setting and charging fees under paragraph (1), the Commission shall ensure that, to the maximum extent practicable—

(A)

club boxing is not adversely effected;

(B)

sanctioning organizations and promoters pay comparatively the largest portion of the fees; and

(C)

boxers pay as small a portion of the fees as is possible.

6.

National registry of boxing personnel

The Commission shall establish and maintain (or authorize a third party to establish and maintain) a unified national computerized registry for the collection, storage, and retrieval of such information as the Commission shall prescribe by rule related to the performance of its duties.

7.

Consultation requirements

The Commission shall consult with the Association of Boxing Commissions—

(1)

before prescribing any regulation or establishing any standard under the provisions of this Act; and

(2)

not less than once each year regarding matters relating to professional boxing.

8.

Misconduct

(a)

Suspension and revocation of license or registration

(1)

Authority

The Commission may, after notice and opportunity for a hearing, suspend or revoke any license issued under this Act if the Commission—

(A)

finds that the license holder has violated any provision of this Act or a standard prescribed under this Act;

(B)

reasonably believes that a standard prescribed by the Commission under this Act is not being met, or that bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; or

(C)

finds that the suspension or revocation is in the public interest.

(2)

Period of suspension

A suspension of a license under this section shall be effective for a period determined appropriate by the Commission.

(3)

Period of revocation

In the case of a revocation of the license of a boxer, the revocation shall be for a period of not less than 1 year.

(b)

Investigations and Injunctions

(1)

Authority

The Commission may—

(A)

conduct any investigation that it considers necessary to determine whether any person has violated, or is about to violate, any provision of this Act or any regulation prescribed under this Act;

(B)

require or permit any person to file with it a statement in writing, under oath or otherwise as the Commission shall determine, as to all the facts and circumstances concerning the matter to be investigated;

(C)

in its discretion, publish information concerning any violations; and

(D)

investigate any facts, conditions, practices, or matters to aid in the enforcement of the provisions of this Act, in the prescribing of regulations under this Act, or in securing information to serve as a basis for recommending legislation concerning the matters to which this Act relates.

(2)

Powers

(A)

In general

For the purpose of any investigation under paragraph (1) or any other proceeding under this Act—

(i)

any officer designated by the Commission may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records the Commission considers relevant or material to the inquiry; and

(ii)

the provisions of sections 6002 and 6004 of title 18, United States Code, shall apply.

(B)

Witnesses and evidence

The attendance of witnesses and the production of any documents under subparagraph (A) may be required from any place in the United States, including Indian land, at any designated place of hearing.

(3)

Enforcement of subpoenas

(A)

Civil action

In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may file an action in any district court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Commission to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question.

(B)

Failure to obey

Any failure to obey an order issued by a court under subparagraph (A) may be punished as contempt of that court.

(C)

Process

All process in any contempt case under subparagraph (A) may be served in the judicial district in which the person is an inhabitant or in which the person may be found.

(4)

Evidence of criminal misconduct

No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Commission, in obedience to the subpoena of the Commission, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture.

(5)

Injunctive relief

If the Commission or the Executive Director determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this Act, or of any regulation prescribed under this Act, the Commission or the Executive Director may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order.

(6)

Mandamus

Upon application of the Commission, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any order of the Commission.

(c)

Intervention in civil Actions

(1)

In general

The Commission, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a district court of the United States.

(2)

Amicus filing

The Commission may file a brief in any action filed in a court of the United States on behalf of the public interest in any case relating to professional boxing.

(d)

Hearings by Commission

Hearings conducted by the Commission under this Act shall be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings.

9.

Noninterference with boxing Commissions

(a)

Noninterference

Nothing in this Act prohibits any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this Act.

(b)

Minimum standards

Nothing in this Act prohibits any boxing commission from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Commission under this Act.

10.

Assistance from other agencies

Any employee of any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality may be detailed to the Commission, upon the request of the Commission, on a reimbursable or nonreimbursable basis, with the consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the compensation provided pursuant to law for the employee’s regular position of employment and shall retain, without interruption, the rights and privileges of that employment.

11.

Studies

(a)

Health and safety study

(1)

Study

The Commission shall conduct a study on the health and safety aspects of boxing, including an examination of—

(A)

the risks or serious injury and the nature of potential injuries, including risks particular to boxers of each sex;

(B)

the long term effect of boxing on the health of boxers;

(C)

the availability of health insurance for boxers;

(D)

the extent to which differences in equipment effect the risks of potential injury; and

(E)

the effectiveness of safety standards and regulations.

(2)

Report

Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the study required by this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, including recommendations to improve the health and safety aspects of boxing.

(b)

Study on the definition of promoter

(1)

Study

The United States Boxing Commission shall conduct a study on how the term promoter should be defined for purposes of the United States Boxing Commission Act.

(2)

Hearings

As part of that study, the Commission shall hold hearings and solicit testimony at those hearings from boxers, managers, promoters, premium, cable, and satellite program service providers, hotels, casinos, resorts, and other commercial establishments that host or sponsor professional boxing matches, and other interested parties with respect to the definition of that term as it is used in the United States Boxing Commission Act.

(3)

Report

Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the study conducted under subsection (a). The report shall—

(A)

set forth a proposed definition of the term promoter for purposes of the United States Boxing Commission Act; and

(B)

describe the findings, conclusions, and rationale of the Commission for the proposed definition, together with any recommendations of the Commission, based on the study.

12.

Reports

(a)

Annual report

Not later than 2 years after the date of enactment of this Act, and each year thereafter, the Commission shall submit a report on its activities to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. The annual report shall include—

(1)

a detailed discussion of the activities of the Commission for the year covered by the report;

(2)

an overview of the licensing and enforcement activities of the State and tribal organization boxing commissions; and

(3)

recommendations regarding additional persons or entities within the sport of boxing over whom to extend the licensing requirement established by this Act.

(b)

Public report

The Commission shall annually issue and publicize a report of the Commission on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing, which shall include comments on issues of continuing concern to the Commission.

13.

Sunset Provision

This Act shall cease to have effect 12 years after the date of enactment of this Act.

14.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated for the Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year.

(b)

Receipts credited as offsetting collections

Notwithstanding section 3302 of title 31, United States Code, any fee collected under this Act—

(1)

shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

(2)

shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

(3)

shall remain available until expended.

1.

Short Title

This Act may be cited as the United States Boxing Commission Act.

2.

Definitions

As used in this Act, the following definitions apply:

(1)

Commission

The term Commission means the United States Boxing Commission established under section 3.

(2)

Boxer

The term boxer means an individual who fights in a professional boxing match.

(3)

Boxing commission

The term boxing commission means an entity authorized under State or tribal law to regulate professional boxing matches.

(4)

Indian lands

The term Indian lands has the meanings given that terms by paragraphs (4) of section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703).

(5)

Judge

The term judge means an official who scores a boxing match to determine the winner.

(6)

Manager

The term manager means a person other than a promoter who, under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a boxing-related matter on behalf of that boxer, including a person who is a booking agent for a boxer.

(7)

Matchmaker

The term matchmaker means a person that proposes, selects, and arranges for boxers to participate in a professional boxing match. Such term does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match, or a provider of cable, satellite, or network television programming, unless—

(A)

the hotel, casino, resort, or other commercial establishment, or provider of cable, satellite, or network television programming is primarily responsible for proposing, selecting, and arranging for boxers to participate in the professional boxing match; and

(B)

there is no other person primarily responsible for proposing, selecting, and arranging for boxers to participate in the match.

(8)

Referee

The term referee means the official inside the boxing ring who supervises the boxing match.

(9)

Professional boxing match

The term professional boxing match means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by a duly recognized amateur sports organization, as approved by the Commission.

(10)

Promoter

The term promoter—

(A)

means the person primarily responsible for organizing, promoting, and producing a professional boxing match; but

(B)

does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match, or a provider of cable, satellite, or network television programming, unless—

(i)

the hotel, casino, resort, or other commercial establishment, or provider of cable, satellite, or network television programming is primarily responsible for organizing, promoting, and producing the match; and

(ii)

there is no other person primarily responsible for organizing, promoting, and producing the match.

(11)

State

The term State means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands.

(12)

Sanctioning organization

The term sanctioning organization means an organization, other than a boxing commission, that sanctions professional boxing matches, ranks professional boxers, or charges a sanctioning fee for professional boxing matches in the United States—

(A)

between boxers who are residents of different States; or

(B)

that are advertised, otherwise promoted, or broadcast (including closed circuit television) in interstate commerce.

(13)

Suspension

The term suspension includes within its meaning the temporary revocation of a boxing license.

(14)

Tribal organization

The term tribal organization has the same meaning as in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

3.

Establishment of United States Boxing Commission

(a)

In general

The United States Boxing Commission is established as a commission within the Department of Commerce.

(b)

Members

(1)

In general

The Commission shall consist of 3 members appointed by the President, by and with the advice and consent of the Senate.

(2)

Qualifications

No member of the Commission may, while serving as a member of the Commission—

(A)

be engaged as a professional boxer, boxing promoter, agent, fight manager, matchmaker, referee, judge, or in any other capacity in the conduct of the business of professional boxing;

(B)

have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match; or

(C)

serve as a member of a boxing commission.

(3)

Bipartisan membership

Not more than 2 members of the Commission may be members of the same political party.

(4)

Geographic balance

Not more than 2 members of the Commission may be residents of the same geographic region of the United States when appointed to the Commission. For purposes of the preceding sentence, the area of the United States east of the Mississippi River is a geographic region, and the area of the United States west of the Mississippi River is a geographic region.

(5)

Terms

(A)

In general

The term of a member of the Commission shall be 3 years. No member of the Commission shall serve more than 2 terms.

(B)

Midterm vacancies

A member of the Commission appointed to fill a vacancy in the Commission occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that unexpired term.

(C)

Continuation pending replacement

A member of the Commission may serve after the expiration of that member’s term until a successor has taken office.

(6)

Removal

A member of the Commission may be removed by the President only for cause.

(c)

Executive Director

(1)

In general

The Commission shall employ an Executive Director to perform the administrative functions of the Commission under this Act, and such other functions and duties of the Commission as the Commission shall specify.

(2)

Discharge of functions

Subject to the authority, direction, and control of the Commission the Executive Director shall carry out the functions and duties of the Commission under this Act.

(d)

General Counsel

The Commission shall employ a General Counsel to provide legal counsel and advice to the Executive Director and the Commission in the performance of its functions under this Act, and to carry out such other functions and duties as the Commission shall specify.

(e)

Staff

The Commission shall employ such additional staff as the Commission considers appropriate to assist the Executive Director and the General Counsel in carrying out the functions and duties of the Commission under this Act.

(f)

Meetings

The Commission shall hold its first meeting no later than 30 days after all members shall have been appointed, and shall meet thereafter not less frequently than once every 60 days.

(g)

Compensation

(1)

Members of Commission

(A)

In general

Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.

(B)

Travel expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(2)

Executive Director and staff

The Commission shall fix the compensation of the Executive Director, the General Counsel, and other personnel of the Commission. The rate of pay for the Executive Director, the General Counsel, and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

4.

Functions

(a)

General functions

The general functions of the Commission are—

(1)

to protect the general interests of boxers consistent with the provisions of this Act;

(2)

to ensure uniformity, fairness, and integrity in professional boxing; and

(3)

except as otherwise determined by the Commission, oversee all professional boxing matches in the United States.

(b)

Initial rulemaking

Not later than 180 days after the date on which the Commission shall hold its first meeting, the Commission shall, by rule promulgate uniform standards for professional boxing in consultation with the Association of Boxing Commissions.

(c)

Additional functions

In addition to its general functions under subsection (a), the Commission shall—

(1)

work with the boxing commissions of the several States and tribal organizations to improve the status and standards of professional boxing in the United States;

(2)

ensure, in cooperation with the Attorney General, or a designee of the Attorney General, (who shall represent the Commission in any judicial proceeding under this Act), the chief law enforcement officer of the several States, and other appropriate officers and agencies of Federal, State, and local government, that Federal and State laws applicable to professional boxing matches in the United States are vigorously, effectively, and fairly enforced;

(3)

review State boxing commission regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this Act;

(4)

if the Commission determines appropriate, publish a newspaper, magazine, or other publication and establish and maintain an Internet website consistent with the provisions of this Act; and

(5)

promulgate rules, regulations, and guidance, and take any other action necessary and proper to accomplish the purposes of, and consistent with, the provisions of this Act.

(d)

Prohibitions

The Commission may not—

(1)

promote boxing events or rank professional boxers; or

(2)

provide technical assistance to, or authorize the use of the name of the Commission by, boxing commissions that do not comply with requirements of the Commission.

5.

Licensing and registration of boxing personnel

(a)

Licensing

(1)

Requirement for license

Beginning 1 year after the date of enactment of this Act, no person may compete in a professional boxing match or serve as a boxing manager, boxing promoter, matchmaker, judge, referee, or sanctioning organization for a professional boxing match except as provided in a license granted to that person under this subsection.

(2)

Application and term

(A)

In general

The Commission shall—

(i)

establish application procedures, forms, and fees for licenses granted under this section;

(ii)

establish and publish appropriate standards for such licenses;

(iii)

issue a license to any person who, as determined by the Commission, meets the standards established by the Commission under this Act; and

(iv)

begin issuing such licenses not later than 270 days after the date on which Commission holds its first meeting.

(B)

Duration

A license issued under this section shall be for a renewable—

(i)

4-year term for a boxer; and

(ii)

2-year term for any other person.

(C)

Procedure

The Commission may issue a license under this paragraph through boxing commissions or in a manner determined by the Commission.

(b)

Licensing fees

(1)

Authority

The Commission may prescribe and charge reasonable fees for the licensing of persons under this Act. The Commission may set, charge, and adjust varying fees on the basis of classifications of persons, functions, and events determined appropriate by the Commission.

(2)

Limitations

In setting and charging fees under paragraph (1), the Commission shall ensure that, to the maximum extent practicable—

(A)

club boxing is not adversely effected;

(B)

sanctioning organizations and promoters pay comparatively the largest portion of the fees; and

(C)

boxers pay as small a portion of the fees as is possible.

6.

National registry of boxing personnel

The Commission shall establish and maintain (or authorize a third party to establish and maintain) a unified national computerized registry for the collection, storage, and retrieval of such information as the Commission shall prescribe by rule related to the performance of its duties.

7.

Consultation requirements

The Commission shall consult with the Association of Boxing Commissions—

(1)

before prescribing any regulation or establishing any standard under the provisions of this Act; and

(2)

not less than once each year regarding matters relating to professional boxing.

8.

Misconduct

(a)

Suspension and revocation of license or registration

(1)

Authority

The Commission may, after notice and opportunity for a hearing, suspend or revoke any license issued under this Act if the Commission—

(A)

finds that the license holder has violated any provision of this Act or a standard prescribed under this Act;

(B)

reasonably believes that a standard prescribed by the Commission under this Act is not being met, or that bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, or intimidation have occurred in connection with a license; or

(C)

finds that the suspension or revocation is in the public interest.

(2)

Period of suspension

A suspension of a license under this section shall be effective for a period determined appropriate by the Commission.

(3)

Period of revocation

In the case of a revocation of the license of a boxer, the revocation shall be for a period of not less than 1 year.

(b)

Investigations and Injunctions

(1)

Authority

The Commission may—

(A)

conduct any investigation that it considers necessary to determine whether any person has violated, or is about to violate, any provision of this Act or any regulation prescribed under this Act;

(B)

require or permit any person to file with it a statement in writing, under oath or otherwise as the Commission shall determine, as to all the facts and circumstances concerning the matter to be investigated;

(C)

in its discretion, publish information concerning any violations; and

(D)

investigate any facts, conditions, practices, or matters to aid in the enforcement of the provisions of this Act, in the prescribing of regulations under this Act, or in securing information to serve as a basis for recommending legislation concerning the matters to which this Act relates.

(2)

Powers

(A)

In general

For the purpose of any investigation under paragraph (1) or any other proceeding under this Act—

(i)

any officer designated by the Commission may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records the Commission considers relevant or material to the inquiry; and

(ii)

the provisions of sections 6002 and 6004 of title 18, United States Code, shall apply.

(B)

Witnesses and evidence

The attendance of witnesses and the production of any documents under subparagraph (A) may be required from any place in the United States, including Indian land, at any designated place of hearing.

(3)

Enforcement of subpoenas

(A)

Civil action

In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may file an action in any district court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Commission to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question.

(B)

Failure to obey

Any failure to obey an order issued by a court under subparagraph (A) may be punished as contempt of that court.

(C)

Process

All process in any contempt case under subparagraph (A) may be served in the judicial district in which the person is an inhabitant or in which the person may be found.

(D)

Administrative subpoenas

The requirements of section 3486 of title 18, United States Code, shall apply to the administration and enforcement of subpoenas under this Act.

(4)

Evidence of criminal misconduct

No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Commission, in obedience to the subpoena of the Commission, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture.

(5)

Injunctive relief

If the Commission determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this Act, or of any regulation prescribed under this Act, the Commission may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order.

(6)

Mandamus

Upon application of the Commission, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this Act or any order of the Commission.

(c)

Intervention in civil Actions

(1)

In general

The Commission, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a district court of the United States.

(2)

Amicus filing

The Commission may file a brief in any action filed in a court of the United States on behalf of the public interest in any case relating to professional boxing.

(d)

Hearings by Commission

Hearings conducted by the Commission under this Act shall be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings.

9.

Noninterference with boxing Commissions

(a)

Noninterference

Nothing in this Act prohibits any boxing commission from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this Act.

(b)

Minimum standards

Nothing in this Act prohibits any boxing commission from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Commission under this Act.

10.

Assistance from other agencies

Any employee of any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality may be detailed to the Commission, upon the request of the Commission, on a reimbursable or nonreimbursable basis, with the consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the compensation provided pursuant to law for the employee’s regular position of employment and shall retain, without interruption, the rights and privileges of that employment.

11.

Studies

(a)

Health and safety study

(1)

Study

The Commission shall conduct a study on the health and safety aspects of boxing, including an examination of—

(A)

the risks or serious injury and the nature of potential injuries, including risks particular to boxers of each sex;

(B)

the long term effect of boxing on the health of boxers;

(C)

the availability of health insurance for boxers;

(D)

the extent to which differences in equipment effect the risks of potential injury; and

(E)

the effectiveness of safety standards and regulations.

(2)

Report

Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report on the study required by this section to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, including recommendations to improve the health and safety aspects of boxing.

(b)

Study on the definition of promoter

(1)

Study

The United States Boxing Commission shall conduct a study on how the term promoter should be defined for purposes of the United States Boxing Commission Act.

(2)

Hearings

As part of that study, the Commission shall hold hearings and solicit testimony at those hearings from boxers, managers, promoters, premium, cable, and satellite program service providers, hotels, casinos, resorts, and other commercial establishments that host or sponsor professional boxing matches, and other interested parties with respect to the definition of that term as it is used in the United States Boxing Commission Act.

(3)

Report

Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the study conducted under subsection (a). The report shall—

(A)

set forth a proposed definition of the term promoter for purposes of the United States Boxing Commission Act; and

(B)

describe the findings, conclusions, and rationale of the Commission for the proposed definition, together with any recommendations of the Commission, based on the study.

12.

Reports

(a)

Annual report

Not later than 2 years after the date of enactment of this Act, and each year thereafter, the Commission shall submit a report on its activities to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. The annual report shall include—

(1)

a detailed discussion of the activities of the Commission for the year covered by the report;

(2)

an overview of the licensing and enforcement activities of the State and tribal organization boxing commissions; and

(3)

recommendations regarding additional persons or entities within the sport of boxing over whom to extend the licensing requirement established by this Act.

(b)

Public report

The Commission shall annually issue and publicize a report of the Commission on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing, which shall include comments on issues of continuing concern to the Commission.

13.

Sunset Provision

This Act shall cease to have effect 12 years after the date of enactment of this Act.

14.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated for the Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year.

(b)

Receipts credited as offsetting collections

Notwithstanding section 3302 of title 31, United States Code, any fee collected under this Act—

(1)

shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

(2)

shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

(3)

shall remain available until expended.

September 30, 2005

Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed